Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-31
iNFoR NATION
'...FoR....
OWNERS AND IOcAToRs
....oF....
MI i m E&
APPLICATION FOR PATENT

L ~ OuC6 De6n nIad UfAL
neSis'er ana receiver they become So
- ieao,u, ana can neither be withdrswn
.osInreu, Dut must be transmitted TO tba nmaoor
An application will be rejected vhsn a.
sufficient. !" orroneous Or
cause: he9ected be
First The notice VIVA pnbi,.ho,
knowledge of the Register. "inoutthe
oecono-Ihe notice was not published In
newspaper designated as published nesrestth.
claim. aresttne
Third-Record title was found a.,oo.-
and '"A ueiectve,
Fourth--A previous application had hoo.
made Tor the same premises, which was VIE
the adverse claimant. ny
An application for patent will be reiactaa
when the survey does not accurately define tSs
boundaries OF the claim.
where the claim was not located In accord.
Where several parties own separate and Al.
tinct portions OF q claim, application ~,
patent may be made by either for tn At nortioa
Oh tne claim owned by him; but where several
parties own undivided interests in . minina
claim all should join in an application gor :
patent. W.T.
A person or association may purohsso .s
many placer locations as the local law admits.
and embrace them all In one application for !
pstcpt.
Two or more lodes cannot be embraced ,r
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purpor,.
ing to act as q deputy for the Register and Re-.
ceiver cannot be recorded as evidences.
In all patents for mining claims eituated
within the interior boundaries of a town alta
g clause Is inserted excepting and excluding
all town property. rights upon the surface
and all houses. buildings. structures, lots
blocks, streets, alleys or other municipal i'm
1 nrOVaml anita mot halnn0fn0 10 the
In, and all rights necessary or proper TO the
same"
Publication Of notice must be made n onIv
one newspaper for the period Of 60 days.
Notice must be published 10 consecutiya
weeks in weekly newspapers, and in daily
newspapers so days must elspse between the
frat and last insertions.
Where the Register esignates the d aily Issue
of q newspaper for publication Of notices of a
mining application for patent it is not a com
pliance with law TO change to the weekly edi.
ton of the same paper without authority Of
the Register.
The existence OF o salt spring on a tract of
land wtthdrews It from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character of such land is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADvERsE CLAIMS.
Adverse lsimants must file q separate and
distinct claim against each application which
~ is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed.
cannot be withdrawn, but become 90 a part OF the
record.
When an adverse claim has been fled it can.
not be amended so as to embrace a larger pcr.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local Office
1 . mn Nhn UAAll4 - q
cation for the patent to be effective.
1t IL the duty OF the adverse claimant o
suit In proper form within the re-
CURED time, and If he trusts the uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the corrupt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
Ing conclusions OF law. without stating the
facts specially, will not be considered In ovi.
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and In regard to expenditures. and shall nle 9
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that they
NcAARbaO a SOIAPHAJ AZ uL1SACu II thNy
are not required to prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is of little, II any value, for sgri
cultural purposes, but IL essential to the
proper development OF mining claims. It
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled az any time
prior to issuance OF patent, upon satisfactory
evidence OF the existence of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon a tract after the same iss been
en- tered az agricultural, but before stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled TO
that portion of tho land embraced by said
mining claim.
where mineral deposlts are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make Q mining location
dispose of Ii. provided he becomes q citizen
before disposing OF tho mine. Proof that the
party was not a citizen before disposIng of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion of a mining claim sold to an
alien cannot be patented while suoh owner
an alien; but on his declarations o becomes
citizen his right dates back to his purchase
aud he may thereupon secure United sfse'
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1885,:
Where two or more lodges CROSS or INTEREST,"
each other, priority Of title shall govern, anu
such prior location shall be entitled to al ~
or mineral contained within the space OF Inter.
section. but the subsequent location shall nav
the right Of way through the space OF in'er,,
section for the purpose of the conven'ons
working Of the mine. And where two or PioII
veins unite the oldest or prior location shn.
take the vein below the point OF union' IN
GLIDING all the space of intersection.
TUNNELS
There ia no authority of law for a tunns,
location 5000 by l, 500 feet. A proper iocanon
Ia the width Of the tunnel for SOU reef.
There IL no provision of law Tor psten.ne
tunnel iocations. but lodes discovered In run.
ming a tunnel may be patented In like manner